How to Get Visitation Rights in Texas

One of the most contested issues involving children is the issue of possession and access, more commonly known as visitation. Trying to get visitation rights in Texas can feel confusing, especially if you don’t know where to start. Whether you’re a non-custodial parent, grandparent, or another family member wanting to spend time with a child, it’s important to understand the law and your right. Texas courts always focus on what’s best for the child, but getting visitation isn’t always easy.

In this article, we’ll explain the steps to request to securing visitation rights in Texas, what the court looks at when making a decision, and how to handle any challenges. If you’re struggling with a custody issue or just want to know your rights, this article will help you understand what to do next.

Understanding Visitation Rights in Texas

Visitation can be broken down into two categories: Standard Possession and Custom Orders.

A Standard Possession Order (SPO) is the default visitation schedule used by Texas courts when determining how a non-custodial parent (the parent without primary custody) will spend time with their child. It outlines specific visitation times, including weekends, holidays, and summer breaks.

The SPO typically includes; weekend visits, extended summer visitation and holiday schedules. The SPO applies unless the court determines a different arrangement is in the child’s best interest.

A Custom Possession Order (CPO) is a personalized visitation schedule created to fit the unique needs of a child and their parents. Instead of following the standard schedule, parents (or the court) can agree on a different arrangement based on factors like work schedules, distance, or the child’s needs. A CPO may include; a different weekday or weekend visitation times, adjustments for parents who live far apart and additional visitation rights based on mutual agreement.

A Custom Possession Order can only be used when the Standard Possession Order does not work well for a family and must be approved by the court.
None custotian parents are usually given visitaion rights in Texas.This order outlines how and when the non-custodial parent can spend time with the child. And this schedule varies, depending on the child’s age, parent’s location and other factors. Usualy, Texas courts use a “Standard Possession Order (SPO)” to determine a visitation schedule.

Who Can Request Visitation Rights?

Anyone can request a visitation right of the child, so long there is a relationship existing between them.

1. Non-Custodial Parents

A parent who doesn’t have primary custody of the child has the right to visitation. Except in some unusual cases where the court feels it is harmful for the child and may deny or limit visitation. Reasons could be;

*A history of abuse or domestic violence on the child or others.
*Drug or alcohol addiction affecting parenting ability.
*Neglecting or abandoning the child
*Mental health issues that put the child at risk.
*A history of kidnapping or not returning the child or threats of abduction.
*Repeatedly violating court orders in the past.
*Having a negative influence on the child. Like, exposing the child to crime, danger, or unsafe environments.
*If the child strongly opposes visitation.

In some cases, courts may allow supervised visitation, instead of full denial. Standard visitation typically includes weekends, holidays, and extended time in the summer.

2. Grandparents

Grandparents play an important role in a child’s life, but in Texas, they do not have an automatic right to visitation. The court typically presumes that a child’s parents have the right to decide who is involved in their child’s life. However, in certain circumstances, grandparents can request court-ordered visitation if they can prove that it is in the best interest of the child. Since Texas law makes grandparent visitation difficult, consulting a family law attorney can help build a strong case.

A grandparent may seek visitation if;

*One parent is deceased, incarcerated, or declared incompetent by the court.
*One parent’s rights have been terminated.
*The child has lived with the grandparent for at least six months.
*When denying visitation would be harmful to the child’s well-being.

Grandparents must show prove that their relationship with the child is beneficial, denying visitation would negatively impact the child and the parent restricting visitation is not acting in the child’s best interest.

3. Other Family Members

In Texas, visitation requests from extended family members are rarely approved unless there are special circumstances, such as the child’s parents being unfit or absent that justify court intervention. Other family members such as aunts, uncles, adult siblings, or even close family friends may want to request visitation with a child. However, unlike parents and grandparents, the law does not automatically grant them visitation rights. Courts generally prioritize the rights of the child’s parents and assume they are making the best decisions for their child.

Unlike parents and grandparents, most relatives have no clear legal path for visitation unless extreme circumstances exist.

Steps to Request Visitation Rights in Texas

When seeking visitation rights in Texas, there are steps thatmust be followed to the letter and they are;

1. Filing a Petition
A legal request, which is called a petition, must be filed with the family court in the county where the child lives by whoever is requesting. This document asks the court to grant visitation and explains why it would be in the child’s best interest.

2. Other Parent Notification
The child’s other parent (or guardian) must be formally notified of the request. It is their choice to agree or disagree to the request.

3. Attend a Court Hearing
If the other parent disagrees with the request, a judge will hold a hearing. Evidences need to be present showing why visitation is in the child’s best interest. This may include witness statements, records of past involvement with the child, and proof that visitation will not harm the child.

4. Receive the Court’s Decision
The judge will decide whether to grant visitation based on the evidence presented. If approved, the court will issue a visitation order outlining when and how visits will take place.

What to do When Visitation Rights are Denied

If the custodial parent refuses visitation in Texas, document every instance, try to resolve the issue through communication or mediation, and if necessary, file a motion for enforcement. Courts may impose fines, jail time, or other penalties on the non-compliant parent. There are also futher steps that can be taken.

File an Appeal: The petitioner may believe the court made a mistake, so he/she can appeal the decision. But this process can be very long and difficult.

Request Mediation: A neutral third party can be of help to the petitioner and the other parent can reach an agreement outside of court.

Modify an Existing Order: If circumstances change (e.g., the custodial parent moves away or prevents visitation), the petitioner can ask the court to modify the order.

Police Intervention: Police generally do not enforce child visitation orders in Texas as these are civil matters. However, if there is an immediate risk to the child’s safety or a court order is being violated, the police can intervene.

In Conclusion

Getting visitation rights in Texas can be challenging, but it’s possible if you follow the right legal steps and the help of a family lawyer who can guide and assist through the case. The most important thing to keep in mind is that courts prioritize what’s best for the child. If you have a strong relationship with the child and can show that visitation will benefit them, your chances of getting a court-approved schedule are much higher.

Need help with your custom or standard visitation schedule in Texas? Mokolu Law Firm is here to support you every step of the way.